SENATE, No. 4283 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 24, 2025 SENATE, No. 4283 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 24, 2025 Sponsored by: Senator JOHN F. MCKEON District 27 (Essex and Passaic) SYNOPSIS Establishes State stockpile of medicine and medical supplies; makes appropriation. CURRENT VERSION OF TEXT As introduced. Sponsored by: Senator JOHN F. MCKEON District 27 (Essex and Passaic) SYNOPSIS Establishes State stockpile of medicine and medical supplies; makes appropriation. CURRENT VERSION OF TEXT As introduced. An Act concerning medicine and medical supplies and supplementing Title 26 of the Revised Statutes, and making an appropriation. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. The Legislature finds and declares that having access to a Statewide strategic buffer stock, essential medicine reserve, or strategic inventory of essential medicines in the event of emergencies and disasters is vital to the State's health care system, educational settings, and general population who may rely on its healthcare resources, especially residents in rural and medically underserved areas. 2. As used in this act: "Department" means the Department of Health. "Designated recipients" shall include, but shall not limited to, healthcare providers, healthcare facilities, State disaster relief organizations, State-operated facilities, and other entities that strategically reserve medical resources, which may be disbursed pursuant to section 3 of this act. "Essential buffer stock" means an essential buffer stock of emergency and chronic disease medication, vaccines, and medical supplies, essential medicine reserve, or strategic inventory of essential medicines. "Natural disaster" means any catastrophic event including, but not limited to, hurricanes, tornadoes, earthquakes, floods, winter storms, or wildfires that are declared by the Governor as a state of emergency. "Outbreak" means any widespread illness, disease, or other specific health-related behavior. "State Office of Emergency Management" means the Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety. "Virtually sequestered buffer stock" means an inventory of medications managed by a distribution vendor to avoid expiration and ensure availability during emergencies and disasters. 3. a. The department, in collaboration with the State Office of Emergency Management, shall establish a Statewide essential buffer stock for emergency preparedness and drug shortage prevention to be used and dispensed in the event of a public health emergency, outbreak, or other emergency, including, but not limited to a natural disaster, man-made disaster, or a mass casualty events at the local and State level. b. The department, in collaboration with the State Office of Emergency Management, shall establish guidelines for the procurement, management, and distribution of medicines, vaccines, and medical supplies items in the essential buffer stock, including a virtually sequestered buffer stock. At a minimum, the guidelines shall consider the following: (1) the various types of items that may be required during a public health emergency, outbreak, or other emergency; (2) the amount of each type of item required for a sustained outbreak, public health emergency, or other emergency; (3) the development of an action plan establishing policies and standards for an essential buffer stock surge capacity, including a virtually sequestered buffer stock, to ensure that hospitals, emergency providers, and other designated recipients have access to an adequate supply of any relevant items during a public health emergency, outbreak, or other emergency; (4) the type of federal and State policies and funding that would be required for the State to establish the essential buffer stock; and (5) the method of prioritizing distribution from any procurement of medicine, vaccines, and medical supplies in the event that there are insufficient resources to meet the identified needs of healthcare providers, healthcare facilities, and other designated recipients, including consideration of the following populations: (a) healthcare providers, recipients, or employers located in areas with a high share of rural or underserved residents; (b) healthcare providers, recipients, or employers located in medically underserved areas, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration; (c) healthcare providers, recipients, or employers that disproportionately serve a medically underserved or rural population, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration; and (d) healthcare providers, recipients, or employers located in a county with a high infection rate or high hospitalization rate related to the emergency. c. The department, in consultation with the State Office of Emergency Management and other relevant agencies, shall define a list of entities that may receive resources from the essential buffer stock under the qualifying circumstances listed in subsection a. of this section. d. The department may contract with a private entity for the procurement of strategic emergency readiness supplies for, and the management and distribution of, the essential buffer stock, including a virtually sequestered buffer stock. The department may contract for the reservation of supplies stored by a private vendor-managed entity for the essential buffer stock, and the distribution of those supplies to locations specified by the department, consistent with the guidelines established pursuant to subsection b. of this section. e. The department, in collaboration with the State Office of Emergency Management, and other stakeholders, as necessary, shall conduct demand planning and essential buffer stock modeling to help determine which emergency readiness supplies are to be included in the essential buffer stock at the discretion of the department. The demand planning and essential buffer stock modeling shall include at a minimum: (1) recommendations on the types of supplies to be included in the essential buffer stock, especially for rural and medically underserved settings; (2) an analysis on the anticipated demand for supplies for various public health emergencies and natural disaster scenarios; (3) recommendations on the quantities to be held in the essential buffer stock for each type of supply; (4) distribution guidelines for these supplies to be distributed to municipalities and healthcare settings in the event of a local or regional public health emergency; and (5) possible logistical and operational strategies that could be used to reduce the costs of these supplies including, but not limited to, the use of a virtually sequestered buffer stock procured and managed by an external vendor. f. In maintaining and securing supplies pursuant to this section, the department shall seek to maximize available federal and State funding to implement the provisions of this act. 4. The Commissioner of Health and the Director of the State Office of Emergency Management may each adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this act. 5. There is appropriated from the General Fund to the Department of Health such sums as are necessary to implement the provisions of this act. 6. This act shall take effect 180 days after the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act. STATEMENT This bill requires the Department of Health (department), in collaboration with the State Office of Emergency Management, to establish a Statewide strategic essential buffer stock for emergency preparedness and drug shortage prevention to be used and dispensed in the event of public health emergency, outbreak, or other emergency, including, but not limited to a natural disaster, man-made disaster, or mass casualty event at the local and State level. The bill defines "essential buffer stock" to mean an essential buffer stock of emergency and chronic disease medication, vaccines, and medical supplies, an essential medicine reserve, or a strategic inventory of essential medicines. Under the bill, the department, in collaboration the State Office of Emergency Management, will establish guidelines for the procurement, management, and distribution of medicines, vaccines, and medical supplies items in the essential buffer stock. The bill requires the department, in consultation with the State Office of Emergency Management and other relevant agencies, define a list of entities that may receive resources from the essential buffer stock. The department may contract with a private entity for the procurement of strategic emergency readiness supplies for, and the management and distribution of, the essential buffer stock, including a virtually sequestered buffer stock. The department may contract for the reservation of supplies stored by a private vendor-managed entity for the essential buffer stock, and the distribution of those supplies to locations specified by the department, consistent with the guidelines established pursuant to the bill. The bill requires the department, in collaboration with the State Office of Emergency Management, and other stakeholders, as necessary, to conduct demand planning and essential buffer stock modeling to help determine which emergency readiness supplies are to be included in the essential buffer stock at the discretion of the department. In maintaining and securing supplies pursuant to the bill, the department will seek to maximize available federal and State funding to implement the provisions of this act. The bill appropriates from the General Fund to the department such sums as are necessary to implement the provisions of the bill. An Act concerning medicine and medical supplies and supplementing Title 26 of the Revised Statutes, and making an appropriation. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. The Legislature finds and declares that having access to a Statewide strategic buffer stock, essential medicine reserve, or strategic inventory of essential medicines in the event of emergencies and disasters is vital to the State's health care system, educational settings, and general population who may rely on its healthcare resources, especially residents in rural and medically underserved areas. 2. As used in this act: "Department" means the Department of Health. "Designated recipients" shall include, but shall not limited to, healthcare providers, healthcare facilities, State disaster relief organizations, State-operated facilities, and other entities that strategically reserve medical resources, which may be disbursed pursuant to section 3 of this act. "Essential buffer stock" means an essential buffer stock of emergency and chronic disease medication, vaccines, and medical supplies, essential medicine reserve, or strategic inventory of essential medicines. "Natural disaster" means any catastrophic event including, but not limited to, hurricanes, tornadoes, earthquakes, floods, winter storms, or wildfires that are declared by the Governor as a state of emergency. "Outbreak" means any widespread illness, disease, or other specific health-related behavior. "State Office of Emergency Management" means the Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety. "Virtually sequestered buffer stock" means an inventory of medications managed by a distribution vendor to avoid expiration and ensure availability during emergencies and disasters. 3. a. The department, in collaboration with the State Office of Emergency Management, shall establish a Statewide essential buffer stock for emergency preparedness and drug shortage prevention to be used and dispensed in the event of a public health emergency, outbreak, or other emergency, including, but not limited to a natural disaster, man-made disaster, or a mass casualty events at the local and State level. b. The department, in collaboration with the State Office of Emergency Management, shall establish guidelines for the procurement, management, and distribution of medicines, vaccines, and medical supplies items in the essential buffer stock, including a virtually sequestered buffer stock. At a minimum, the guidelines shall consider the following: (1) the various types of items that may be required during a public health emergency, outbreak, or other emergency; (2) the amount of each type of item required for a sustained outbreak, public health emergency, or other emergency; (3) the development of an action plan establishing policies and standards for an essential buffer stock surge capacity, including a virtually sequestered buffer stock, to ensure that hospitals, emergency providers, and other designated recipients have access to an adequate supply of any relevant items during a public health emergency, outbreak, or other emergency; (4) the type of federal and State policies and funding that would be required for the State to establish the essential buffer stock; and (5) the method of prioritizing distribution from any procurement of medicine, vaccines, and medical supplies in the event that there are insufficient resources to meet the identified needs of healthcare providers, healthcare facilities, and other designated recipients, including consideration of the following populations: (a) healthcare providers, recipients, or employers located in areas with a high share of rural or underserved residents; (b) healthcare providers, recipients, or employers located in medically underserved areas, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration; (c) healthcare providers, recipients, or employers that disproportionately serve a medically underserved or rural population, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration; and (d) healthcare providers, recipients, or employers located in a county with a high infection rate or high hospitalization rate related to the emergency. c. The department, in consultation with the State Office of Emergency Management and other relevant agencies, shall define a list of entities that may receive resources from the essential buffer stock under the qualifying circumstances listed in subsection a. of this section. d. The department may contract with a private entity for the procurement of strategic emergency readiness supplies for, and the management and distribution of, the essential buffer stock, including a virtually sequestered buffer stock. The department may contract for the reservation of supplies stored by a private vendor-managed entity for the essential buffer stock, and the distribution of those supplies to locations specified by the department, consistent with the guidelines established pursuant to subsection b. of this section. e. The department, in collaboration with the State Office of Emergency Management, and other stakeholders, as necessary, shall conduct demand planning and essential buffer stock modeling to help determine which emergency readiness supplies are to be included in the essential buffer stock at the discretion of the department. The demand planning and essential buffer stock modeling shall include at a minimum: (1) recommendations on the types of supplies to be included in the essential buffer stock, especially for rural and medically underserved settings; (2) an analysis on the anticipated demand for supplies for various public health emergencies and natural disaster scenarios; (3) recommendations on the quantities to be held in the essential buffer stock for each type of supply; (4) distribution guidelines for these supplies to be distributed to municipalities and healthcare settings in the event of a local or regional public health emergency; and (5) possible logistical and operational strategies that could be used to reduce the costs of these supplies including, but not limited to, the use of a virtually sequestered buffer stock procured and managed by an external vendor. f. In maintaining and securing supplies pursuant to this section, the department shall seek to maximize available federal and State funding to implement the provisions of this act. 4. The Commissioner of Health and the Director of the State Office of Emergency Management may each adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this act. 5. There is appropriated from the General Fund to the Department of Health such sums as are necessary to implement the provisions of this act. 6. This act shall take effect 180 days after the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act. STATEMENT This bill requires the Department of Health (department), in collaboration with the State Office of Emergency Management, to establish a Statewide strategic essential buffer stock for emergency preparedness and drug shortage prevention to be used and dispensed in the event of public health emergency, outbreak, or other emergency, including, but not limited to a natural disaster, man-made disaster, or mass casualty event at the local and State level. The bill defines "essential buffer stock" to mean an essential buffer stock of emergency and chronic disease medication, vaccines, and medical supplies, an essential medicine reserve, or a strategic inventory of essential medicines. Under the bill, the department, in collaboration the State Office of Emergency Management, will establish guidelines for the procurement, management, and distribution of medicines, vaccines, and medical supplies items in the essential buffer stock. The bill requires the department, in consultation with the State Office of Emergency Management and other relevant agencies, define a list of entities that may receive resources from the essential buffer stock. The department may contract with a private entity for the procurement of strategic emergency readiness supplies for, and the management and distribution of, the essential buffer stock, including a virtually sequestered buffer stock. The department may contract for the reservation of supplies stored by a private vendor-managed entity for the essential buffer stock, and the distribution of those supplies to locations specified by the department, consistent with the guidelines established pursuant to the bill. The bill requires the department, in collaboration with the State Office of Emergency Management, and other stakeholders, as necessary, to conduct demand planning and essential buffer stock modeling to help determine which emergency readiness supplies are to be included in the essential buffer stock at the discretion of the department. In maintaining and securing supplies pursuant to the bill, the department will seek to maximize available federal and State funding to implement the provisions of this act. The bill appropriates from the General Fund to the department such sums as are necessary to implement the provisions of the bill.